How To Get A Divorce In Gwinnett County

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  • Losing Custody Of Your Children
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  • Losing Alimony That You Deserve
  • Getting Stuck With Debts That Aren’t Yours
  • Paying Too Much In Child Support

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You’re considering getting a divorce in Gwinnett County.

But you have no idea what to expect, how much it’s going to cost, or what you should do.

You’re not alone.

Getting a divorce in Gwinnett County is full of complexities.

And most Gwinnett County divorce lawyers don’t take the time to explain anything thoroughly to you.

That’s why we made this comprehensive guide for how to file for divorce in Gwinnett County.

Let’s dig in.

What You’ll Learn About Divorce In Gwinnett County

Divorce can be devastating. It’s heartbreaking when parents lose custody of their children. Spouses end up having to pay agonizing amounts of financial support.

If you want to protect your rights, not wrongfully lose custody, and not get raked over the coals financially, fill out the form below. Free consultations are first come first serve. We always run out of slots. Make sure you get yours locked in now.

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Filing For Divorce in Gwinnett County

There are a couple of ways you could go about how to file for divorce in Gwinnett County.

You can:

  • do it yourself
  • hire a divorce lawyer

If you’re filing for divorce on your own, it’s a pretty simple process (more on this below).

If you and your spouse agree on EVERYTHING, you can file for an uncontested divorce in Georgia.

Let’s chat about contested divorce because most divorces get contested.

Some of the struggles you’re going to face are:

  • filling out the divorce papers correctly
  • serving your spouse the Gwinnett County divorce forms
  • negotiating with your spouse’s divorce lawyer
  • proving that you deserve more custody
  • proving that you’re a fit parent
  • proving that you need more alimony to get on your feet
  • or proving that your spouse deserves less alimony
  • discovering hidden assets

You get the point.

Figuring out how to get a divorce in Gwinnett County is the easy part.

The divorce process in Gwinnett County is the tough part.

To get a divorce, start by consulting with divorce lawyers.

Once you find the one you like, hire them.

They will start the divorce process for you.

But if you don’t want to hire a divorce lawyer, let’s talk about how to file for divorce in Gwinnett County.

Related: I Want To Leave My Husband

How To File For Divorce In Gwinnett County

Okay, so you want to know how to file for divorce in Gwinnett County.

(Or maybe you just want to know what your divorce lawyer is going to do.)

Either way, to file for divorce, you will:

When you file for divorce in Gwinnett County, you will need to include:

  • information about your spouse
  • where you got married (date and city/state)
  • the legal reasons for divorce
  • a list of your assets and debts
  • a description of how you’d like to split those up
  • who will remain in the marital home
  • information about your children (if any minors)
  • a proposed parenting plan

Even if you are having an uncontested divorce in Gwinnett County, you will still need to follow these steps.

If you have a contested divorce in Gwinnett County, you may not agree with your spouse on:

  • the parenting plan
  • who keeps the marital home
  • how to split assets and debts

If you’re filing for a contested divorce, you either:

  • are discussing it with your spouse before you file for divorce
  • are filing for divorce and your spouse doesn’t know

Either way is fine.

You can file for divorce in Gwinnett County without informing your spouse.

When you do this, fill out the divorce papers with your desired outcomes.

Meaning, inform the courts of your ideal:

  • parenting plan
  • division of assets and debts
  • situation with the marital home

When you serve your spouse with the divorce papers, they have an opportunity to respond.

Their response is their opportunity to:

  • challenge the information (i.e., the grounds for divorce)
  • challenge the proposed division of custody, assets, and debts

If they do not submit a formal response to the courts, you can get a default divorce judgment.

This means that the judge will grant you the arrangements you asked for in the divorce papers.

Meaning you get what you wanted for:

  • the marital home
  • child custody
  • child visitation
  • division of assets and debts

Related: What Are The Chances Of A Father Getting Full Custody

Where Do I Go To File For Divorce In Gwinnett County

Wondering where do I go to file for divorce in Gwinnett County?

You will file for divorce at the Superior Court in Gwinnett County.

The location for the Gwinnett County Superior Courts is:

If you don’t meet the residency requirements for Gwinnett County, you will file in the county your spouse lives in.

If you have a divorce lawyer handling your case, they will file for divorce for you.

We will deliver the divorce petition to the appropriate Superior Court.

But some of our clients ask how to file for divorce when a spouse is out of state.

Related: How a Mother Can Lose a Custody Battle

How To File For Divorce When Spouse Is Out Of State

To file for divorce when a spouse is out of state, you will file in the state of residence.

You can only file for divorce in the state where you or your spouse meet the residency requirements.

Let’s say you have lived in Gwinnett County for 3 years.

But your husband just relocated to Tennessee for work during your separation.

And he moved to Tennessee 7 months ago.

Even though your spouse is out of state, you are still a resident of Gwinnett County.

You can file for divorce in Gwinnett County when a spouse is out of state and you’re a resident of Gwinnett County.

But your spouse is now a resident of Tennessee.

(They have been there 6+ months.)

That means that they can file for divorce in Tennessee.

When one spouse files for divorce when a spouse is out of state, the respondent has to travel back to that state for court.

For instance, if you filed for divorce in Gwinnett County, your spouse would have to come back to Gwinnett County for any court hearings.

They would also have to come back and hire a divorce lawyer in Gwinnett County.

This is because lawyers can only practice in the state they are licensed in.

They cannot hire an out-of-state attorney to represent them.

Related: Questions to Ask A Divorce Lawyer

How To Get Online Divorce Papers In Gwinnett County

You can get your online Gwinnett County divorce forms from our Products page

These divorce papers are tailored for Gwinnett County’s divorce laws. 

You can fill these out and file them at the Superior Court in Gwinnett County. 

It includes your petition for divorce and the legal separation agreement. 

Related: Divorce Statistics

Gwinnett County Divorce Forms

These are all of the Gwinnett County divorce forms that you’ll need. 

This is applicable whether you’re getting a divorce in Gwinnett County online or with a lawyer. 

Gwinnett County Petition For Divorce

You can get your petition for divorce in Gwinnett County from the Superior Court or you can buy divorce papers online.

If you are filing for divorce with a divorce lawyer, they will provide you with your petition for divorce

Related: Child Support Laws for Non-Custodial Parents

Legal Separation Agreement Gwinnett County

To file for divorce, you have to first be legally separated.

But there is not a required amount of time that you have to be separated before filing for divorce in Gwinnett County.

And the legal separation does not have to be a formal agreement.

There are two ways that you can have a “separation agreement” in Gwinnett County.

  • either spouse moves out of the marital home
  • either spouse moves into another bedroom

But you are not legally separated unless you do one of these two actions with the intent to divorce.

Again, you do not have to have a separation agreement in Gwinnett County.

Related: How to Leave Your Husband

Gwinnett County Child Custody Agreement

A Gwinnett County child custody agreement will include:

  • a custody split between parents
  • the visitation schedule 
  • the parenting provisions
  • child support information

If you’re having an uncontested divorce, you’ll need to fill this out with your ex. 

Since it’s uncontested, you both will have to fully agree on the solution to these issues. 

If you do not agree with each other, it’s a contested divorce. 

And you’ll need to let your divorce lawyers negotiate on your child custody agreement

Related: Keeping A Child Away From The Other Parent Can Backfire

Gwinnett County Name Change Form

To legally change your name, you need to submit a:

File a petition to the Clerk’s Office of the Superior Court in Gwinnett County.

You must complete and sign all required paperwork for your petition.

Some forms may also need to be notarized by a Notary Public.

Keep a copy of these forms for your record.

After the courts approve your name change, you’ll need to update all your IDs. 

Related: Penalty For Hiding Assets In Divorce

How To File For Divorce Without A Lawyer

So, you’ve legally separated from your spouse.

Now you’re able to file for divorce in Gwinnett County.

If you’re hiring a divorce lawyer, they will do this for you.

But for this section, I’m assuming you’re not hiring a divorce lawyer.

So, you’re wondering how to file for divorce in Gwinnett County without a lawyer.

If you are filing for divorce without a lawyer, you are representing yourself.

I’m hoping that you and your spouse are having an uncontested divorce.

Filing for divorce without a lawyer for a contested divorce is risky.

To file for divorce without a lawyer, sit down with your spouse and:

  1. discuss, negotiate, and agree on the terms of your divorce
  2. decide on your parenting plan, division of assets, alimony, child support, and the marital home
  3. fill out the Gwinnett County divorce papers
  4. file the divorce papers at the appropriate Superior Court
  5. serve your spouse the divorce papers
  6. provide proof to the courts that you served your spouse
  7. schedule a divorce court hearing
  8. present your case to the judge
  9. obtain your final decision from the judge

If you and your spouse are having an amicable divorce, this is how to file for divorce in Gwinnett County without a lawyer.

If you are having a contested divorce, you should hire a divorce lawyer.

Fill out the form on this page for a free consultation.

Related: Reasons a Judge Will Change Custody

The Process For Divorce In Georgia

The divorce process in Gwinnett County is pretty straightforward.

It’s all the emotional turmoil that happens during the divorce process that’s hard.

So, what can you expect during the divorce process in Gwinnett County?

  1. File your divorce forms.
  2. Get your temporary divorce orders.
  3. Do your divorce discovery.
  4. Attend divorce mediation.
  5. Show up to divorce court.
  6. Complete the divorce.
  7. Appeal the divorce (if you want to).

That’s the process for divorce in Gwinnett County in a nutshell.

Next, let’s talk about how long does a divorce take.

Related: How Can A Father Get Full Custody of His Child

How Long Does A Divorce Take In Gwinnett County

How long does a divorce take depends on the type of divorce you’re having.

You’re either having a contested or uncontested divorce.

While every divorce is different, there are averages we can apply to how long does a divorce take.

From our experience, the averages are:

Uncontested Divorce~ 2 Months
Contested Divorce6 - 12 Months
Contested Divorce with Kids9+ Months

Now that we know how long does a divorce take in Gwinnett County, let’s talk about the types of divorce more in-depth.

Related: Grounds for Full Custody of Child

Types of Divorce in Gwinnett County

We’ve touched on the types of divorces in Gwinnett County already.

Let’s go into more detail about how they will affect you.

Legal Separation

I know, legal separations are technically not a type of divorce.

But you have to be legally separated in Gwinnett County to get a divorce.

So, I wanted to cover it a little more for you.

In a legal separation in Gwinnett County, the couple can establish boundaries and responsibilities, such as:

  • custody of the children
  • child support
  • division of assets and debts
  • alimony

For legal separations in Gwinnett County, you do not need a formal agreement.

When either spouse moves out or moves into another bedroom with the intent to divorce, it’s a legal separation.

The key part here is “with the intent to divorce.”

If you are not intending to divorce, you will need to file a separation agreement.

Legal separation is a different status compared to being divorced in Gwinnett County.

So, you’re probably wondering, “Why would I get a legal separation instead of a divorce?”

With legal separations in Gwinnett County, you can:

  • keep everyone on the health insurance
  • keep the family ‘together’ for the children
  • avoid divorce for religious purposes
  • avoid the costs of divorce
  • remain married if you’re unsure a divorce is a right solution

If you are legally separating without the intent to divorce, fill out a Gwinnett County separation agreement.

The separation agreement in Gwinnett County will have an expiration date.

After it expires, you are no longer legally separated.

If you do not include an expiration date, then the separation agreement is valid until:

  • you get a divorce in Gwinnett County
  • the separation agreement gets modified
  • you get an order to dismiss the separation agreement

Related: Does It Matter Who Files for Divorce First?

How To File For Legal Separation

Let’s talk about how to file for legal separations in Gwinnett County.

The steps to file for legal separation are:

  1. confirm you meet Gwinnett County’s residency requirements
  2. consult with a divorce lawyer in Gwinnett County
  3. file a Petition for Legal Separations in Gwinnett County
  4. file your Legal Separations Agreement
  5. serve your spouse the Legal Separations Agreement
  6. settle unresolved issues you have
  7. sign and notarize the Legal Separations Agreement

The first type of divorce is uncontested.

Related: If There Is No Custody Order In Place Can I Take My Child?

Uncontested Divorce

An uncontested divorce is one where neither party is fighting.

Filing for an uncontested divorce in Gwinnett County can save time and money.

This is because the divorce process is streamlined.

To have an uncontested divorce, both parties must 100% agree on all issues, like:

  • division of assets
  • division of debts
  • child custody (physical and legal)
  • child visitation
  • child support
  • alimony

You may not agree on everything when you decide to get divorced.

But as long as you agree on everything when you file, you can have an uncontested divorce in Gwinnett County.

This is because when you file for divorce, you will need to include your desired outcome for the divorce.

Again, the issues you need to agree on when filing for an uncontested divorce are the ones listed above.

Related: Moving Out of State With Child No Custody Agreement

Contested Divorce

A contested divorce in Gwinnett County is one where the spouses disagree on one or more issues.

A contested divorce adds some steps to the divorce process in Gwinnett County.

These extra steps, in no order, are:

  • divorce discovery
  • pre-trial motions and hearings
  • settlement proposals
  • negotiations with attorneys
  • divorce mediation
  • going to trial

When your divorce gets contested, it adds:

  • thousands of dollars to your cost of divorce
  • months to how long your divorce takes

Your lawyer will be able to negotiate on your behalf.

An experienced divorce lawyer can settle most of your issues outside of court.

This will save you thousands of dollars on your contested divorce in Gwinnett County.

Related: How Can a Mother Lose Custody of Her Child?

Annulment

If you are trying to file for an annulment in Gwinnett County, you have to meet the requirements.

An annulment will void your marriage.

This means that it never existed per the law.

The grounds for annulment in Gwinnett County are:

  • Marriage Prohibited By Law: The spouses are too closely related, which is considered incestuous.
  • Mental Illness: Either spouse was mentally ill at the time of marriage.
  • Mental Incapacity: Either spouse was under the influence of drugs or alcohol. They were not able to make an informed consent.
  • Bigamy: Either spouse was already legally married to another person at the time of marriage.
  • Forced Consent: One of the spouses was forced or threatened. They entered into the marriage under duress.
  • Fraud: The spouses consented to the marriage because of coercion or fraud.
  • Underage Marriage: One spouse was underage and the parents’ did not consent to the marriage.

There is no time limit to getting an annulment in Gwinnett County.

You just have to meet the requirements for an annulment in Gwinnett County.

Next, let’s talk about the grounds for divorce in Gwinnett County.

Related: No Custody Agreement Father Took Child

Divorce Laws In Gwinnett County

Gwinnett County Residency Requirements

Per the divorce laws in Gwinnett County, you have to meet the Gwinnett County residency requirements for divorce.

The divorce laws in Gwinnett County state that either spouse must have lived in Gwinnett County for 6 months.

And that you must have been a resident of Gwinnett County for at least 90 days

This 6 month period must be consecutive and must be the six months before filing for divorce.

Related: Moving Out Of State With Child

Equitable Distribution

Equitable distribution in divorce is how courts fairly split up the marital property when filing for a divorce.

Equitable distribution does not mean everything is split 50/50 in a divorce.

It means there will be a fair division of assets and debts.

Is Gwinnett County In A Community Property State?

Gwinnett County is not in a community property state.

Community property states require spouses to split everything 50/50.

Gwinnett County is in an equitable distribution state.

Gwinnett County divides assets up based on the equitable interest each spouse has in it.

Common-Law Marriage In Gwinnett County

Common-law marriage in Gwinnett County got eliminated on January 1st, 1997.

Any common-law marriages that happened before this date get grandfathered in.

To prove that you have a valid common law marriage in Gwinnett County, you need to show that you:

  • agreed to be married
  • after the agreement, they lived together in this state as husband and wife
  • represented to others that they were married

Is Gwinnett County In A No-Fault Divorce State

Gwinnett County is in a no-fault divorce state.

The most common grounds for divorce is irreconcilable differences.

This means that the spouses cannot get along and they want to end their marriage.

How Much Does A Divorce Cost In Gwinnett County

Everyone wants to know how much does a divorce cost in Gwinnett County.

But how much a divorce cost is up to you and your spouse.

It depends on whether you have:

  • an uncontested divorce 
  • a no-fault divorce
  • a contested divorce

Related: Do You Have To Sign Divorce Papers

Cost Of Uncontested Divorce In Gwinnett County

The cost of an uncontested divorce in Gwinnett County can be as little as $870.

This is without an attorney and without children.

But if you hire an attorney, the average cost of uncontested divorce in Gwinnett County is $4,100.

So, you’re probably thinking, why do I need a divorce lawyer for an uncontested divorce?

The divorce laws in Gwinnett County can be difficult to navigate.

You should at least have a divorce lawyer review your divorce papers in Gwinnett County.

Related: Does It Matter Who Files for Divorce First

How Much Does A No-Fault Divorce Cost In Gwinnett County

The cost of a no-fault divorce in Gwinnett County averages about $15,000.

Basically, a no-fault divorce is just if:

  • you guys fell out of love
  • decided the marriage isn’t going to work out
  • someone decided to pursue a religion you don’t want
  • your life goals end up being different

Nothing drastic or bad has happened, but you just don’t want to be married anymore.

This type of divorce, after uncontested, is the divorce that requires the least amount of divorce attorney involvement.

Related: Family Law Attorney Payment Plans

Cost Of Contested Divorce In Gwinnett County

The cost of a contested divorce in Gwinnett County averages $20,400.

A contested divorce encompasses issues like:

  • child custody in Gwinnett County
  • child support in Gwinnett County
  • money division
  • splitting assets in divorce
  • splitting up a company
  • alimony in Gwinnett County

These are going to be issues where you and your spouse’s attorneys will:

  • spend numerous hours negotiating
  • formulate offers and counteroffers
  • show up in court

Related: Georgia Child Support Laws for Non Custodial Parents

How To Have A Successful Divorce In Gwinnett County

If you want the best divorce attorneys to represent you, fill out the form below.

We have the experience needed to ensure that your rights are protected.

This means that you don’t wrongfully lose custody of your children.

We also make sure that your divorce judgment is equitable and fair.

This means you don’t get raked over the coals financially.

After you fill out the form below, we will set up your free consultation.

Talk soon.

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Get access to our attorneys with a FREE consultation ($397 value).
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